Court No. - 64
Case :- APPLICATION U/S 482 No. - 29012 of 2019 Applicant :- Gaurav Opposite Party :- State Of U.P.
Counsel for Applicant :- Shanker Suan,Gopal Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been filed seeking the stay of the order dated 17.10.2014 passed by Additional Chief Judicial Magistrate-VI, Ghaziabad issuing N.B.W., as well as entire proceedings in Case No. 3576 of 2012 (State Vs. Rahul and Others), arising out of Case Crime No. 471 of 2012, under Sections 420, 467, 468, 484 and 471 I.P.C., Police Station- Murad Nagar, District- Ghaziabad, pending in the court of Additional Chief Judicial Magistrate-VI, Ghaziabad.
Heard learned counsel for the applicant.
At the very outset learned counsel for the applicant says that he does not want to press the prayer with regard to stay the order dated 17.10.2014 as well as the entire proceedings. Submission is that applicant wants to appear before the court below and get himself bailed out and in that regard some protective direction may be given.
Heard learned A.G.A. and perused the record.
In the light of the submissions made by the counsel this application so far as it seeks stay the order dated 17.10.2014 as well as entire proceedings, stands dismissed.
However, in view of the peculiar facts and circumstances of the case, it is directed that in case after surrendering in the court below an application for bail is moved on behalf of the accused within two weeks from today, the same shall be considered and decided in accordance with law.
In the aforesaid period or till the date of appearance of the accused in the court below, whichever is earlier, no coercive measures shall be taken or given effect to.
It is further clarified that this order has been passed only with regard to the accused on behalf of whom application has been moved in this Court.
With the aforesaid observations this application is finally disposed off.
Order Date :- 26.7.2019 P.S.Parihar